On June 26, 2017, Governor Rick Scott approved House Bill 1237 (HB 1237), amending Florida’s Condominium Act and requiring condominium associations “go digital.” Specifically, by July 1, 2018, an association with 150 or more units which does not manage timeshare units is required to create or maintain a website where digital copies of condominium records are to be posted for the unit owners. The association’s website must be either independent and wholly owned and operated by the association or operated by a third-party provider from whom the association owns, leases, rents, or otherwise obtains the right to operate the website. Either way, the association must have the ability to post certain notices, records, and documents as now required.
The association’s website also needs to maintain a private and protected location accessible only to unit owners and association employees where the required notices, records, and other documents must be posted. Upon written request, the association needs to provide a unit owner with a unique username and password for access to the protected sections of the website.
Here is the list of specific documents that must be posted to the association’s website by July 1:
(1) the declaration of condominium and each amendment to the declaration
(2) the by-laws and each amendment to the by-laws;
(3) the incorporating documents (e.g., the articles of incorporation) as filed with the Department of State;
(4) the rules and regulations;
(5) any management agreement, lease, or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility;
(7) the annual budget and any proposed budget to be considered at the annual meeting;
(8) the financial report required by § 718.111(13), Fla. Stat., and any proposed financial report to be considered at a meeting;
(9) certification of each director;
(10) all contracts or transactions between the association and any director, officer, corporation, firm, or association in which an association director is also a director or officer and financially interested;
(11) any contract or document regarding a conflict of interest or possible conflict of interest;
(13) notice of any board meeting, the agenda, and any other document required for the meeting.
If you are a member of a condominium association’s board of directors or a unit owner who would like more information about how these changes impact your association, contact Weiss, Handler & Cornwell today.
Regarding the notice and agenda of any unit owner meeting, the notice must be posted in plain view on the front page of the website, or on a separate subpage of the website labeled “Notices” which is conspicuously visible and linked from the front page. The association must also post any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered.